European court rules obesity can be considered a disability

A European Court of Justice ruling that obesity may be considered a disability could open the door to major investments demanded of employers to accommodate workers impaired by their weight.

A European Court of Justice ruling that obesity may be considered a disability could open the door to major investments demanded of employers to accommodate workers impaired by their weight. (Paul Ellis / AFP/Getty Images)

European court says if weight hinders job performance, it may constitute disability and require accommodation

Obesity can be considered a disability if it hinders job performance, the European Court of Justice ruled Thursday in a case with broad implications for employers across the 28-nation European Union.

Although no EU law specifically prohibits discrimination on the basis of weight, obesity could be considered a physical disability in need of accommodation by the employer if it "hinders the full and effective participation of the person concerned in professional life on an equal basis with other workers," the Luxembourg-based high court ruled.

The case was brought by a Danish child-care worker, Karsten Kaltoft, who weighed more than 350 pounds during his 15 years of employment with the city of Billund. He filed suit against the local government alleging he was discriminated against because of his size, although the child-care agency said his dismissal was necessary because of a drop in the number of children enrolled in its program.

By classifying obesity as a disability in certain conditions, the court whose rulings are binding for all European Union countries raised the prospect of employers being obligated to make available larger desks, wider doorways and closer parking spaces to accommodate those whose weight limits their mobility and comfortable work environment, labor law experts told European media.

"This has opened a can of worms for all employers in this country," Tam Fry, spokesman for Britain's National Obesity Forum, a healthcare group, told the Daily Mail.